The Albino Foundation Public Notice
Nigeria has made progress towards a disability-inclusive society through the National Disability Act. WINIFRED OGBEBO writes that what remains of the 2018 law is implementation.
The Cyprian Ekwensi Center for Arts and Culture is the destination for many social activities in Abuja. The complex which houses the FCT Social Development Secretariat as well as the FCT Tourism Board serves as a centre where cream of artists, literary and creative minds meet on regular basis to perform, compare notes and share experiences.
A keen look at the facility shows there is no provision for ramps – sloped pathways used both inside and outside buildings to provide access between vertical levels. Ramps provide an alternative to stairs for wheelchair users, people with mobility issues and people with prams, bicycles and other wheeled items. Ironically, the building houses the FCT Gender-based violence response team office and FCT social welfare department.
A 2020 World Health Organisation’s (WHO) report shows that over one billion people are estimated to live with some form of disability. This corresponds to about 15 per cent of the world’s population, with up to 190 million (3.8%) people aged 15 years and older having significant difficulties in functioning, often requiring healthcare services.
Disability is extremely diverse. While some health conditions associated with disability result in poor health and extensive healthcare needs, others do not. However, all people with disability have the same general healthcare needs as everyone else, and therefore need access to mainstream healthcare services.
Article 25 of the UN Convention on the Rights of Persons with Disabilities (CRPD) reinforces the right of persons with disability to attain the highest standard of healthcare, without discrimination. However, the reality is that few countries provide adequate quality services for people with disability.
According to Nigeria’s Health Watch, in January 2019, Blessing Mary Ocheido, Pharmacist and Founder of Ramp Up Nigeria wrote to a bank, sharing her experience while trying to visit one of their branches in Abuja. Below is an excerpt of what she wrote.
“I use a wheelchair and needed to make use of your MoneyGram services sometime last week and upon visiting one of your facilities, the closest to my work place in Kubwa, Abuja, I realised that there were no accessibility ramps to enable me enter the building. Even your doors are too small to fit a wheelchair. I asked your security personnel if there were other entrances into the bank that I could use instead and they replied that there were none. So I was left with the option of waiting under the sun while they went in to make inquiries on my behalf.
Upon his return, the security man said I would have to go into the bank to be attended to. And seeing as there was simply no way for me to do that, except maybe to be lifted up in his arms, I had to leave. There are over 20 million people with disabilities in Nigeria, a good number of whom make use of wheelchairs. So you can imagine the large demographic of people to whom you’ve shut out of accessing your banking services. You would agree with me that this is not right. I’m speaking out on behalf of people like me and kindly requesting that you build disability ramps in all your facilities and make your mantrap doors wheelchair-friendly.”
As it stands now, the plight of persons with disability seems not to be the worry of the Nigerian society. This became very apparent during the COVID-19 pandemic where they failed to include disability consistently in their response to control the pandemic. This left people with disability exposed to three increased risks with devastating consequences: the risks of contracting COVID-19, developing severe symptoms from COVID-19 or dying from the disease, as well as having poorer health during and after the pandemic, whether or not they are infected with COVID-19.
Many of these persons lack equal access to health care, education, job opportunities and other necessary services.
One of these challenges that prevent their access to possible independence and their use of public spaces is lack of attention to their physical and mobility needs, resulting in their isolation and deprivation of their human rights.
The issue of access to public buildings has received little attention in our country, leading to the deprivation of a large number of people from enjoying their legal rights on an equal footing with other members of the society.
As a result, disability has caused many problems at family and societal levels, because persons with disabilities have been deprived access to their human rights such as the rights to health and education and other human rights, they have been unable to utilize their talents and their families cannot properly look after them as there are no special rehabilitation and care centers.
Gratefully, on January 23rd 2019, President Muhammadu Buhari signed into law, the Discrimination against Persons with Disabilities (Prohibition) Act.
The Act prohibits all forms of discrimination against persons with disability. If an individual is found violating this law, he/she will pay a fine of N100,000 or a term of six months imprisonment. The law imposes a fine of one million naira on corporate bodies.
The act also prohibits discrimination against persons with disability in public transportation facilities and service providers are to make provision for the physically, visually and hearing impaired and all persons howsoever challenged. This applies to seaports, railways and airport facilities.
The rights and privileges of persons with disability include education, health care, priority in accommodation and emergencies. All public organisations are to reserve at least five per cent of employment opportunities for these persons.
The Act gives citizens with disabilities the right to file a lawsuit for damage against any defaulter.
It provides for a five-year transitional period within which public buildings, structures or automobile are to be modified to be accessible to and usable by persons with disabilities, including those on wheelchairs.
Before a public structure is constructed, its plans shall be inspected by relevant authorities to ensure that the plan conforms with the building code.
A government or government agency, body or individual responsible for the approval of building plans shall not approve the plan of a public building if the plan does not make provision for accessibility facilities in line with the building code.
An officer who approves or directs the approval of a building plan that contravenes the building code, commits an offence and is liable on conviction to a fine of at least N1,000,000 or a term of imprisonment of two years or both.
In Section 31 of the Act, the National Commission for Persons with Disabilities will be established and an Executive Secretary will be appointed as the head of the commission, this thankfully has been done.
Last year, the World Bank in its report on the social inclusion of persons with disabilities in Nigeria said that the absence of distinct data pertaining to disability prevalence and the different forms of disabilities persists in Nigeria, which in turn challenges effective policy responses and data driven programming.
Contact us for a copy on info@inclusion.com.ng
or
